Model Resolution for a State Legislature to Nullify the Federal Health Care Bills of 2010

Federal Health Care Nullification Act

An Act to render null and void certain unconstitutional laws enacted by the Congress of the United States,
taking control over the health care and health insurance industries and mandating that individuals purchase
health insurance under threat of penalty.

SECTION 1. The legislature of the State of ________ finds that:

1. The people of the several states comprising the United States of America created the federal government to
be their agent for certain enumerated purposes as set forth in the United States Constitution, and nothing
more.
2. The Tenth Amendment to the United States Constitution defines the total scope of federal power as being
that which has been delegated by the people of the several states to the federal government, and all power
not delegated to the federal government in the Constitution of the United States is reserved to the states
respectively, or to the people themselves. Furthermore, as stated in the Ninth Amendment, “The
enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained
by the people.”
3. The assumption of power that the federal government has made by enacting the “Patient Protection and
Affordable Care Act” (Public Law 111-148, March 23, 2010) and “Health Care and Education
Reconciliation Act of 2010” (Public Law 111-152, March 30, 2010) is nowhere expressly granted by the
United States Constitution and interferes with the right of the people of the State of ________ to regulate
health care as they see fit.

SECTION 2. NEW LAW

A new section of law to be codified in the ________ Statutes as Section [NUMBER] of Title [NUMBER],
unless there is created a duplication in numbering, reads as follows:

A. The legislature of the State of ________ declares that the federal laws known as the “Patient Protection and
Affordable Care Act” (Public Law 111-148) and the “Health Care and Education Reconciliation Act of
2010” (Public Law 111-152), signed by President Barack Obama on March 23 and 30, 2010, are not
authorized by the Constitution of the United States and violate its true meaning and intent as given by the
Founders and Ratifiers, and are hereby declared to be invalid in this State, shall not be recognized by this
State, are specifically rejected by this State, and shall be considered null and void and of no effect in this
State.
B. It shall be the duty of the legislature of this State to adopt and enact any and all measures as may be
necessary to prevent the enforcement of the “Patient Protection and Affordable Care Act” and the “Health
Care and Education Reconciliation Act of 2010” within the limits of this State.
C. Any official, agent, or employee of the United States government or any employee of a corporation
providing services to the United States government that enforces or attempts to enforce an act, order, law,
statute, rule or regulation of the government of the United States in violation of this act shall be guilty of a
felony and upon conviction must be punished by a fine not exceeding five thousand dollars ($5,000), or a
term of imprisonment not exceeding five (5) years, or both.
D. Any public officer or employee of the State of ________ that enforces or attempts to enforce an act, order,
law, statute, rule, or regulation of the government of the United States in violation of this act shall be guilty
of a misdemeanor punishable by imprisonment in the county jail not exceeding two (2) years, or by a fine
not exceeding one thousand dollars ($1,000), or both such fine and imprisonment.
E. Any aggrieved party shall also have a private action against any person violating the provisions of
subsections (C) or (D).

SECTION 3. This act takes effect upon approval by the Governor.